CASE COMMENTS: UNILATERAL PRACTICE – RIGHTS OF DEFENCE

Obligation to state reason: The General Court of the European Union upholds a Commission’s decision sanctioning the Polish telecommunications sector incumbent for impairing the access of its competitors to the Internet market (Orange Polska)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. In this column, we presented the European Commission's decision imposing a fine of €127 million on the Polish incumbent operator (Telekom Polska, now Orange Polska) for abusing its dominant position on the market for Internet access. Unlike the strategies targeted in Wanadoo (predatory pricing), Deutsche Telekom and Telia Sonera (margin squeeze) (ECJ, 2 April 2009, France Télécom v CommissionCase C-202/07 P; CJEU, 14 October 2010, Deutsche Telekom v. Commission, Case C-280/08 P; CJEU, 17 February 2011, Konkurrensverket v TeliaSonera(Case C-52/09), the practices complained of by the Polish incumbent operator were non-tariff practices. These

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  • Côte d’Azur University, GREDEG (Nice)

Quotation

Frédéric Marty, Obligation to state reason: The General Court of the European Union upholds a Commission’s decision sanctioning the Polish telecommunications sector incumbent for impairing the access of its competitors to the Internet market (Orange Polska), 17 December 2015, Concurrences N° 2-2016, Art. N° 79072, pp. 104-106

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